MEMORANDUM OF UNDERSTANDING between THE DIOCESE OF ALTOONA-JOHNSTOWN and ‘THE UNITED STATES ATTORNEY FOR THE WESTERN DISTRICT OF PENNSYLVANIA REGARDING THE PROTECTION OF CHILDREN. A. PURPOSE, ‘This Memorandum of Understanding (“MOU”) memorializes the actions that the Diocese of Altoona Johnstown (“the Diocese”) is committed to take to protect children and reduce the risk of sexual abuse by diocesan personnel. The MOU is the product of extensive collaboration between, the Diocese and the United States Attorney for the Western District of Pennsylvania. B, BACKGROUND ‘The Diocese encompasses eight counties in central Pennsylvania (Bedford, Blair, Cambria, Centre, Clinton, Fulton, Huntingdon and Somerset). In March 2016, Bishop Bartchak announced his intention to review and overhaul the Diocese’s child protection policies and procedures. Since that time, representatives from the Diocese and the United States Attorney’s Office have worked together to develop a framework of fandamental reforms to protect children of the Diocese from sexual abuse, to ensure that all allegations of abuse are promptly reported to law enforcement, and to provide victims and their families with access to counseling and other support services. ‘This MOU outlines the actions that the Diocese voluntatily embraces to accomplish these ends. C, FRAMEWORK FOR REFORMS OF THE DIOCESE’S YOUTH PROTECTION PROGRAM ‘To provide for the safety of children who come in contact with Diocesan personnel, the Diocese has publicly committed to implementing the following reforms to its Youth Protection Program: 1 Independent Oversight Board For Youth Protection © The Diocese will establish a five-member Independent Oversight Board For Youth Protection, consisting of community leaders from vatious disciplines, which will supervise the prospective implementation and enforcement of the Diocese’s expanded efforts to prevent child sexual abuse. ‘© Among other things, the Independent Oversight Board will: @) oversee the implementation and ongoing review of the new policies, procedures, and practices described below; (b) teview periodic audits of the Diocese’s compliance performed pursuant to the Charter for the Protection of Children and Young People and enforcement efforts; and (c) issue reports on at least an annual basis concerning the Diocese’s implementation of and compliance with the new policies, procedures and practices, and recommend any changes.4. Ifa vacancy occurs on the board, the Oversight Board will select a suitable replacement after consultation with the Bishop. Replacement members must receive the affirmative support of no less than 66% of the members of the Oversight Board. ‘The board will be in place for a term of ten yeats. If, however, at least 66% of the Oversight Board members conclude after June 30, 2022 that the boatd’s mission has been fulfilled, the Oversight Board may be terminated. ‘The Diocese will budget for and provide liability insurance coverage and other resousces necessary to support the mission of the Oversight Board. ‘The Oversight Board shall annually identify the resources it believes are necessary to support its mission and report annually on the adequacy of the resources provided. Persons currently committed to serve on the board include a 30-plus-year public servant who hhas agreed to setve as chairman, a licensed social worker with a Ph.D., a retired law enforcement officer, a former United States Attorney and a survivor of sexual abuse. ‘Expert Consultant ‘The Diocese has tetained R.L. Nichols & Associates to develop a new comprehensive child sexual abuse prevention program. The Diocese will continue to retain Dr. Nichols as a consultant for the duration of the term of the Oversight Board. Ds. Nichols will, among other things, prepare revised policies and procedures addressing the following subjects, among other things: recognizing and preventing child sexual abuse; regulating and supetvising interactions with minors; mandatory reporting of child sexual abuse allegations; and appropriate use of computers and the internet. Dr. Nichols will also design and assist in implementing comprehensive training and monitoring programs for Diocesan personnel. ‘The Diocese will employ an Executive Director for Youth Protection whose primary employment responsibility with the Diocese will be to implement, manage, monitor and supervise the Youth Protection Program. The Executive Director will have direct access to and communication with the Oversight Board. Reform of Diocese’s Review Board ‘The Diocese is obligated by church law to have a Review Board that functions as a confidential body to the Bishop and advises the Bishop in his assessment of allegations of sexual abuse of minors and in his determination of a cleric’s suitability for ministry. See Charter for the Protection of Children and Young People, Asticle 2; se also Essential Norms for Diocesan] Epparchial Policies Dealing With Allegations of Sexual Abuce of Minors by Priests or Deacons, Noxims 4 and 5. ‘The scope of the Review Board’s responsibility extends to all issues in any way related to the potential for child sexual abuse, including but not limited to issues associated with child pornography, potential grooming of victims, and any alleged violations of the Diocese’s Code of Conduct. Bishop Bartchak has identified new members to serve on the Review Board. The new members include a retired licensed clinical social worker with experience as clinical supervisor and therapist for children, an attorney, a retired state police ctiminal investigator, a licensed psychotherapist and counseling service supervisor who screens applicants for Protestant seninaties, a high school teacher with experience in a special program for at risk students assigned by the coutts, a diocesan priest and a priest from an Orthodox church.5. If a vacancy occuts on the boatd, the Bishop will sclect a suitable replacement after consultation with the Oversight Board. ‘The Review Board will have the opportunity to confer and deliberate without the Bishop in attendance. ‘The Bishop will not attend sessions of the Review Board at which a victim is present unless the victim specifically requests the Bishop’s presence. ‘The Diocese will maintain a complete record of the proceedings and recommendations of the Review Board, including all documents considered by the Review Board. A Notary shall certify the completeness of the record. Revised Policies, Proced Pract ‘The Diocese’s expert consultant will collaborate with the expett retained by the USS, Attomey’s Office to develop new policies, procedures and practices that will comprehensively address issues pertaining to child sexual abuse. ‘The Diocese will revise and/or implement the following policies: © Code of Conduct that governs Clergy and Diocesan personnel interactions with, minors, and is designed to eliminate opportunities for child sexual abuse to occu; © Reporting Protocol that governs how, when, and to whom Diocesan personnel ‘must report allegations or good faith suspicion of child sexual abuse or code of conduct violations related to the prevention of child sexual abuse, including reporting allegations of child sexual abuse to law enforcement within 12 hours; taking immediate steps to prevent any contact with minors by the suspected persons; and placing clergy or personnel on administrative leave within 24 hours of notice of a credible allegation of child sexual abuse; © Training program concerning the prevention of child sexual abuse, which will provide mandatory, live and in-person ttaining for Clergy and Diocesan personnel, as ‘well as community-focused trainings for individuals and families that reside with the Diocese; © Compliance and auditing program, which will include petiodic reviews of computer and internet usage by Diocesan personnel; © Policy concerning the supetvision of Clergy to include both those serving the Diocese and non-Diocesan clergy operating within the Diocese. © Public Disclosure of Information to include all reports generated by the Oversight Board and the publication of names, photos, and assignment histories of all priests who are the subject of credible accusations of sexual abuse of minors, the current status of each such priest within the Diocese, as well as the names of all priests who have been placed on leave from public ministry as a result of allegations of sextal abuse of a minot. Independent Victim Assistance Services Subject to review by the Oversight Board, the Diocese will continue to partner with the Pennsylvania Coalition Against Rape (“PCAR”) and several local sexual assault crisis centers accredited by PCAR to present educational programs and otherwise work together to bring attention to the services available to victims of sexual abuse. Among other things, personnel for such agencies will consult with victims; facilitate communications between victims and law enforcement personnel; inform victimsconcerning available services, including counseling services; and, as necessary and appropriate, represent victims’ interests before the Diocesan Review Boatd. # The Diocese will make available counseling and support services for victims by qualified and independent mental health professionals chosen by the victims. In consultation with the Review and Oversight Boards, the Bishop will establish appropriate funding for all unreimbutsed expenses for these services. * The Diocese will continue to employ a Victim Advocate as required by the Chatter. See (Charter forthe Protection of Children and Young People, Article 2. ‘The Victim Advocate will work closely with the various agencies to coordinate assistance for victims of abuse by church personnel. ‘The Victim Advocate will not serve on the Diocesan Review Board. The Victim Advocate will have direct access to and communication with the Oversight Board. 7. Child Sexual Abuse Hotline © The Diocese will retain Nulton Diagnostic & Treatment Center to provide a hotline service to receive complaints of child sexual abuse. * The hotline will be staffed on a 24-hour basis by qualified intake specialists who will: accept calls from victims and other petsons reporting allegations of abuse; complete intake assessment forms; teport allegations to appropriate law enforcement officials; report allegations to relevant Diocesan personnel; and provide information to victims concerning available assistance. ‘This Memorandum reflects the joint understanding of the Diocese and the United States Attorney as to the steps necessary to provide for the protection of children in the Diocese of Altoona- Johnstown. Tt does not create legal tights or obligations. Wed Sf harfiduele ie Mark L. Bartchake Soo C. Song, Bishop of Diocese of Altoona-Johnstown ‘Acting United States Attorney Western District of Pennsylvania Date: Match 6, 2017 Date: March 6, 2017